Meeting August 16, 2011

AUGUST 16, 2011 — THIRTY-THIRD MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, August 16, 2011 at 10:00 a.m. Board members present were Monson, Clausen, Tripp and Smith, and Boykin. Staff members present were Karen James, Board Administrative Coordinator, Joshua Widman, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Motion by Smith second by Tripp to go into closed session per Iowa Code Section 21.5(1)(c). Carried 5-0 on a roll-call vote.

Motion by Clausen second by Boykin to go out of closed session per Iowa Code Section 21.5(1)(c). Carried 5-0 on a roll-call vote.

Motion by Clausen second by Tripp to go into closed session per Iowa Code Section 21.5(1)(a). Carried 5-0 on a roll-call vote.

Motion by Tripp second by Boykin to go out of closed session per Iowa Code Section 21.5(1)(a). Carried 5-0 on a roll-call vote.

The meeting was called to order.

Motion by Smith second by Tripp to approve the minutes of the 08/09/2011 Board meeting. Carried 4-0; Boykin abstained. Copy filed.

Motion by Boykin second by Smith to approve and authorize the Chairman to sign an “Authorization to Initiate Hiring Process” for a Civilian Jailer, Sheriff Dept., CWA Civilian Officers: $16.24/hour. Carried 5-0. Copy filed.

Motion by Smith second by Tripp to approve the De-Authorization of Election Clerk II, Auditor Dept. Carried 5-0. Copy filed.

Motion by Boykin second by Tripp to approve Gerald Stevens’ request to remain on County Insurance and Dental Insurance Plans. Carried 5-0.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a letter of agreement between Woodbury County and the Siouxland District Health Department, authorizing the administration of influenza vaccine to County employees for fiscal year 2011-2012. Carried 5-0. Copy filed.

There was no action taken to approve the Business Loan to Pureside Organics-Richard Miller of Briar Cliff University, per recommendation of Rob Marqusee, Rural Economic Development.

Motion by Clausen second by Tripp to approve lifting the tax suspension for Helen Peterson, 212 Main St., Sioux City, per Helen Peterson’s request. Carried 5-0.

Motion by Clausen second by Boykin to approve lifting the tax suspension for Calista Dunnington, 814 Front St., Sioux City, She is deceased. Carried 5-0.

Motion by Boykin second by Smith to approve plans for Project Number FM-CO97(114)—55-97, Reinforced Concrete Box Culvert on County Road D38, for letting. Carried 5-0. Copy filed.

Motion by Boykin second by Tripp to approve and authorize the Chairman to sign vouchers for IDOT Engineering Expenses for Project # BRS-CO97(85)—60-97. Carried 5-0. Copy filed.

Motion by Boykin second by Tripp to approve and authorize the Chairman to sign vouchers for IDOT Engineering Expenses for Project # ESFM-CO97(108)—5S-97. Carried 5-0. Copy filed.

Motion by Tripp second by Smith to approve and authorize the Chairman to sign vouchers for IDOT Engineering Expenses for Project # ESFM-CO97(107)—5S-97. Carried 5-0. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a 28E agreement relating to Animal Control Services Agreement between the County and City of Sioux City. Carried 5-0. Copy filed.

Patrick Jennings, Woodbury County Attorney, presented a resolution to Prohibit Guns and Other Dangerous Weapons on County Property.

Motion by Boykin second by Clausen to approve and Authorize the Chairman to sign a Resolution to Prohibit Guns and Other Dangerous Weapons on County Property. Carried 4-1; Tripp opposed. Copy filed.

RESOLUTION # 10,795PROHIBIT GUNS AND OTHER DANGEROUS WEAPONS ON COUNTY PROPERTY

WHEREAS, the Woodbury County Board of Supervisors is charged with the duty to act in the best interests of the citizens of Woodbury County;

WHEREAS, Iowa Code § 331.301(1) authorizes the Board to “exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the county or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents”;

WHEREAS, Woodbury County policies and the county employee handbook provide for the safety of Woodbury County employees;

WHEREAS, the Woodbury County Board of Supervisors directs the “general custody and control” of the courthouse” (See Iowa Code § 331.502(1)) and provides for the courthouse physical facilities and its operational funding (See Iowa Code § 602.1303);

WHEREAS, the amendments to Chapter 724 contained in Senate File 2379 (effective January 1, 2011) relating to the issuance of permits to carry firearms do not preempt the authority or power of the Board of Supervisors to enact policies and regulations regarding the protection of county property, county employees and officials, and the public present on county property;

WHEREAS, the Woodbury County Board of Supervisors has determined that prohibiting the introduction of firearms and other dangerous weapons into certain buildings owned and operated by Woodbury County would promote the aforementioned interests;

THEREFORE, BE IT RESOLVED:

1. No member of the public, whether or not the individual possesses a valid permit to carry weapons, shall carry or possess a firearm or other dangerous weapon as described in Iowa Code §§ 702.7 and 724.1 into any building or structure owned, leased, or occupied by Woodbury County identified as follows:

2. The Auditor shall cause to be posted in the entryways of each of the above named buildings, owned, leased, or occupied by Woodbury County, notices that are sufficient to warn and advise members of the public of the existence of this policy.

3. Persons acting in violation of this policy shall be subject to prosecution for criminal trespass pursuant to Iowa Code § 716.7.

4. Exemptions. This policy shall not apply to:a. Peace officers as defined in Iowa Code §§ 801.4 and 724.2A; b. Qualified law enforcement officers as defined in 18 U.S.C. § 926B acting in the course of their official duties. c. Members of the armed forces of the United States or the national guard when the person’s duties or lawful activities require possession of a dangerous weapon on county property;d. Correctional officers authorized by the Department of Corrections to carry, possess, or display a weapon or firearm;e. Persons who have a valid Iowa professional permit to carry weapons;f. Persons responsible for possessing or carrying unloaded firearms or other dangerous weapons as evidence for use in court proceedings. g. Anyone given specific authorization by the Board of Supervisors or Woodbury County Sheriff’s Office with such a list to be maintained in the office of the Board.

BE IT SO RESOLVED this 16th day of August, 2011.WOODBURY COUNTY BOARD OF SUPERVISORSCopy filed.

The Chairman asked if there were any individuals or groups wishing to make a presentation of items not on the agenda, or Supervisors concerns.

Lane Tabke, 3112 195th St. Moville, discussed county bridges with the Board.